(1) The Minister may, by order published in the Gazette, declare to be a
transitway--
(a) any public road, or
(b) any road that is owned by TfNSW and
that is designed to facilitate the movement of vehicular traffic, or
(c) any
road proposed to be constructed on land owned, leased or controlled, or to be
owned, leased or controlled, by TfNSW.
(2) A transitway is not a road or road
related area within the meaning of section 4 (1) of the Road Transport Act
2013 for the purposes of any Act or law, or any provision of an Act or law,
prescribed by the regulations for the purposes of this section.
(3) The
provisions of any Act forming part of the road transport legislation within
the meaning of the Road Transport Act 2013 and any other Act prescribed by
the regulations, and of any regulations under any such Act, apply to and in
respect of--
(a) such part of a transitway as is not a road within the meaning
of the road transport legislation (but is developed for, or has as one of its
main uses, the driving or riding of motor vehicles) in the same way as if it
were such a road, and
(b) such part of a transitway as is not a road related
area within the meaning of the road transport legislation (but is an area that
divides, or is a footpath or nature strip adjacent to, a part of a transitway
referred to in paragraph (a)) in the same way as if it were such a road
related area.
(4) The regulations may prescribe the classes of traffic that
are permitted to enter or travel along, or are prohibited from entering or
travelling along, a transitway or any part of a transitway.
